[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 105 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 105

  Relating to the treatment and disposal of solid waste, authorizing 
 States to regulate solid waste in interstate commerce, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 1993

Mr. Applegate introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  Relating to the treatment and disposal of solid waste, authorizing 
 States to regulate solid waste in interstate commerce, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SOLID WASTE TREATMENT AND DISPOSAL.

    (a) Prohibition.--It is unlawful for any person to ship or 
transport or cause to be shipped or transported any solid waste 
generated within a State into another State for its treatment or 
disposal therein, if such shipment or transportation into a State is in 
violation of the laws of that State.
    (b) Authorization.--Each State is authorized to enact and enforce 
laws regulating the treatment and disposition of solid waste within 
such State, including (1) laws imposing a ban on the importing into 
such State or any part thereof, of solid waste for its treatment or 
other disposition, (2) laws otherwise regulating the importing into 
such State of solid waste for its treatment or other disposition, and 
(3) laws imposing and collecting fees or other charges in connection 
with the treatment and disposition within such State of solid waste 
generated in another State.
    (c) Enforcement.--Any person violating subsection (a) of this 
section shall, for the first such violation, be fined not more than 
$35,000, and for a second or subsequent violation, such person shall be 
fined not more than $70,000, or imprisoned for not more than 10 years, 
or both.
    (d) Effective Date.--This section shall take effect upon the 
expiration of the 12-month period following the date of the enactment 
of this Act.

SEC. 2. REPORTING.

    (a) Requirement.--Within the 90-day period following the date of 
the enactment of this Act, the Administrator of the Environmental 
Protection Agency, by regulation, shall establish a program pursuant to 
which each person who transports or ships or causes to be transported 
or shipped in interstate commerce any solid waste in excess of 100 
pounds shall be required to prepare and submit to the Administrator, on 
an annual basis, a registration statement. Such statement shall include 
such person's name, principal place of business, the location of each 
activity handling solid waste, and a complete list of all solid waste 
transported or shipped in interstate commerce during the calendar year 
preceding such statement.
    (b) Public Availability.--The Administrator shall make such 
registration statements available, upon request, to the public.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) The term ``person'' includes any State or political 
        subdivision of a State or any individual, corporation, or other 
        legal entity.
            (2) The term ``solid waste'' has the meaning given such 
        term by section 1004(27) of the Solid Waste Disposal Act (42 
        U.S.C. 6903(27)).
            (3) The term ``interstate commerce'' has the meaning given 
        such term by section 10 of title 18, United States Code.

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